Planning tribunal confirms Naxxar high-rise permit, absolves mayor of conflict of interest

The Environment and Planning Tribunal has turned down an appeal against the approval of a high rise development on the site of the former Naxxar trade fair parking area.

The project, which includes two residential towers of eight and 10 storeys, was approved by the Planning Authority in December last year. Naxxar mayor Anne Marie Muscat Fenech Adami voted in favour despite concerns expressed by the council in an objection submitted to the PA on the height of the project. No vote was ever taken in the council on how the mayor should vote.

At the time, questions were raised over the mayor's possible conflict of interest because of her link to a company in which the project architect is a director. PN leader Bernard Grech had even asked her to resign but she refused. Party disciplinary proceedings eventually absolved the mayor but the administrative said "things could have been done better".

However, the Tribunal concluded that no evidence was presented to prove that Veduta Estates and Chalet Bulgari, the companies in which the mayor is involved, had any interest in the approved project, and therefore absolved the mayor from any conflict.

The evidence presented showed that Muscat Fenech Adami and project architect Edwin Mintoff “know each other” due to the mayor’s role as company secretary of the company Chalet Bulgari, of which Mintoff is a director, and also because Mintoff serves as the architect of the company Veduta Estates of which Muscat Fenech Adami is a CEO. But the tribunal ruled there was no breach of the law and Muscat Fenech Adami was able to act without fear or favour.

In his testimony, PN councillor Joe Spiteri insisted that the mayor’s vote contradicted the position of the council against the project but this was contradicted by Labour councillor Marlon Brincat who argued that the mayor was representing the view of the council. 

In its official positon sent to the PA, the council had welcomed several improvements made over a previous application, while reiterating its concern on the proposed height. “One needs to appreciate that this development is very close to the urban conservation area, and therefore the Council would preferably see a lower development,” the council said in its representation dated 2 November, a month before approval. 

While confirming the permit the Tribunal chaired by architect Robert Sersero asked for the presentation of new plans removing a childcare centre’s play area from the public open space included in the project.

READ ALSO: Naxxar mayor spared the stick by PN